HomeMy WebLinkAboutItem 06 - CU12-28 Plato's Closet ITEM # (0 0'A']
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER�2"
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR4V
MEETING DATE: JULY 17, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU12-28 PLATO'S CLOSET
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�— _ Grapevine y+, ' APPLICANT: Joe Williams
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Northwes a PROPERTY LOCATION AND SIZE:
+s I The subject property is located at 5311 Champagne
Boulevard, Suite 100, and is platted as Lot 7R, Block
DFW I Helhlahnsnn sy Airport t 1 1, Mulberry Square Addition. The site contains 16.83
acres (732,998 square feet). The property has
approximately 696 feet of frontage along the
F `"de R northbound service road of William D. Tate Avenue,
726 feet of frontage along Champagne Boulevard,
and 510 feet of frontage along Glade Road.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previously approved site
plan of conditional use request CU99-34 (Ord. 99-107) for a planned commercial center
specifically to allow retail sales of secondhand -goods in a leases ace exceeding 3,000
square feet.
The applicant intends to occupy an approximate 4,600 square foot lease space in the
northernmost endcap of the former Winn-Dixie shopping center for retail sales of
secondhand clothing. This is a franchised, for-profit operation whereby customers may
shop and purchase items directly or bring items in for possible purchase and re-sale. No
clothing is donated nor is there any provision for after hours drop off.
0:/ZCUICUI2-28.4 1 July 9,2012(1:40PM)
PRESENT ZONING AND USE:
The property is currently zoned "CC", Community Commercial District with a Planned
Commercial Center designation and is developed as a neighborhood shopping center.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property, the corner lot and the day care property have been zoned "CC"
Community Commercial District since the 1984 City Rezoning. Zoning Case Z94-11
rezoned the Delaney Vineyard from "HCO" Hotel/Corporate Office District to "GV"
Grapevine Vintage District. Zoning Case Z96-09 rezoned the property west of the Shadow
Glen subdivisions from "R-MF-1" Multifamily District to "GV" Grapevine Vintage District.
Conditional Use Permits CU94-27 and CU95-01 approved a convenience store with
gasoline and alcoholic beverage sales and a car wash on the corner lot. This retail center
was approved by conditional use permit CU97-12 (Ordinance 97-27). The retail sale and
off-premise consumption of alcoholic beverages in conjunction with the grocery store was
also approved with CU97-12. CU97-35(Ordinance 97-87)was approved at the August 19,
1997 joint public hearing and allowed for various changes to the layout of the planned
commercial center. CU97-54 (Ordinance 97-136)was approved at the December 2, 1997
joint public hearing that allowed the development of a McDonald's restaurant on Lot 3.
CU97-74 (Ordinance 98-09)was approved at the January 20, 1998 joint public hearing for
Primacare Medical Center on Lot 6R. CU98-09 (Ordinance 98-66) was approved at the
June 2, 1998 joint public hearing which modified the previously approved master site plan
for Mulberry Square by realigning the drive at the southwest corner of Lot 5R and revising
the landscaping on Lots 5R and 8R. Parking was removed from Lot 5R in order to provide
more landscaping along W.D. Tate Avenue as well as from Lot 7R to provide more
landscaping along Champagne Boulevard. Landscaping was also provided to the north of
the building shown on Lot 9R. CU98-64 was approved in January 1999 allowing the
development of a 2,750 square foot, 66 seat restaurant with on-premise consumption of
alcoholic beverages(beer,wine and mixed drinks)within the retail area located on Lot 8R.
At the September 5, 2000 meeting, Council approved a conditional use permit (C000-47;
Ord. 00-88)for on-premise alcohol beverage sales and consumption for Suite 296, within
the Winn-Dixie shopping center (Mellanzanno's). At the September 17, 2002 meeting,
Council approved a conditional use permit CU02-38 (Ord. 02-72) for on-premise alcohol
beverage sales and consumption for Suite 296(Mijo's), including minor modifications to the
floor plan plus an expansion for an outdoor patio. The Site Plan Review Committee at their
August 29, 2007 meeting approved CU07-25, which was a request for a patio cover for
Suite 296 (Bayley's). Council considered and approved a conditional use request(CU11-
18) for a restaurant (Fuzzy's Tacos)with on-premise alcohol beverage sales (beer, wine,
and mixed beverages) at the July 19, 2011 meeting on the subject property.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "GV" Grapevine Vintage District - Delaney Vineyards
0:2CU/CU72-28.4 2 July 9,2012(1:40M)
SOUTH: City of Euless
EAST: "CC" Community Commercial - Children's Courtyard
WEST: William.D. Tate Avenue and City of Colleyville
AIRPORT IMPACT:
The subject tract is not located within any of the noise zones as defined on the "Aircraft
Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Commercial land use. The
applicant's proposal is in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Glade Road as a Type B Major Arterial,with a minimum
80-foot right-of-way developed as four lanes with a median.
Irs
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0 CU 12-28
Plato's Closet
1 inch =300 feet
...... ... ......
GRA E
T X A 8 CITY OFGRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICANT INFORMATION
Applicant Name: Joe Williams
Applicant Address: 3508 Sentinel Oaks Rd.
City/State/Zip Flower Moun 1,TX 75022
Phone No. [817-876-0133 Fax No.
Email Address J Mobile Phone 817-876-0133
Applicant's interest in subject property Plato's Closet Franchise Store
PART 2. PROPERTY INFORMATION
Street Address of subject property 151&1A CKamPct-c,1ne,-;W7100
Legal Description: Lot
I Block F7 Addition IMulberry Square
Legal description of subject property(metes&bounds must be described on 8112"x 11"sheet
Size of subject property: acres,. square footage 1121,228
Present zoning classification CC Community Commercial Distric
Proposed use of property 1Retail
Zoning ordinance provision requiring a conditional use[Resale Retail Shop over 3,000 sf
PART 3. PROPERTY OWNER INFORMATION
Property Owner [HSMEP Vineyard,LP
Prop Owner Address 5001 Spring Valley Rd.#1100W
City/State/Zip Dallas,TX 75244
Phone No. 972-419-4030 Fax No. 972-419-4099
0 Submit a leffer describing the proposed conditional use and note the request on the site plan document
❑ In the same letter,describe or show on the site plan,and conditional requirements or conditions imposed upon the particular conditional use by
applicable district regulations(example:buffer yards,distance between users)
❑ In the some letter,describe whether the proposed conditional use will,or will not cause substantial harm to the value,use,or enjoyment of
other property in the neighborhood. Also,describe how the proposed conditional use will add to the value,'use or enjoyment of other property
in the neighborhood.
❑ Application of site plan approval(Section 47,see attached F6nn'B' .
❑ The site plan submission shall meet the requirements of Section 47,Site Plan Requirements, �A
Q All condltlonal use end oonditnal use applications are assumed to be complete when Bled and will be placed on the agenda tfor publk heering
at the cWtvGon of the staff. Based on the size of the agenda your application may be scheduled to a later date.
o A11 public hearings Mn71 be opened and testimony given by sppfl.ants and interested citizenry. Publk hearings maybe continued to Me next publk
hearing. Publk hearings will not be tabled.
❑ Any changes to a site plan(no matter how minor ormaM approved with a condRbnal use or condiG'onal use permit can onlybe approved by city
coundl Mmugh the public hearing process.
O 1 have read and understand all the requirements as set forth by the appkellon for condittonal use orcondiflonal use permit and acknowledge that
all requirements of this application have been met at the flme of submittal.
PART 4.SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SIGN
ON THE SUBJECT PROPERTY
Print Applicant's Name Appl ant's Signature
The State of
County of
Before me(notary) n this day personally appeared(applicant)
known to me(or proved to me dri the oath of card or other document)to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal)Given under my hand and seal of office this day 17 ,A.D.
VICKY g11aRFlAY
my Qommb*n
FesO,21) 8
Notary In and For State of '
LR
Print Property Owner's Name Property Vwners Signature
The State of
County of
Before me(notarys � on this day personally appeared(applicant) � '�
known to me(or proved to me on the oath of card or other document)to be the person whose name Is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal) Given under my hand and seal of office this day of , A.D. 9 � f
® n�► �, PENNY L. FINKENSTADT
Notary Public.State of Texas
? My Commission Expires 1111,J
February 17, 2016 Notary In and For State of r
3
t
❑ Attach a final plat, or replat,of the approved subdivision by city council showing property boundary lines,dimensions,easements,roadways,rail
lines,and public rights-0f way crossing and adjacent to the tract(l blueline copy)
Q If a master development plan is required,attach a statement showing the proposed use substantially conforms to the master development plan.
❑ Submit a site plan showing all information required by Section 47.E., Site Plan review requirements(see attached requirements).
❑ Provide all required information demonstrating compliance with aA conditions imposed on any conditional use, site plan zoning,or conditional use
zoning.
❑ All site plans must conform to the approved concept plan. Any changes to a site plan, approved with a conditional use or a conditional use,can
only be approved by city council through the public hearing process.
PART 4. SIGNATURE TO AUTHORIZE FILING OF A SITE PLAN
U-;I � I � -
Print Applicant's Name Applica is Signature
The State of
County of -�
Before me (notary) r n this day personally appeared (applicant)
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known tome (or proved tom on the oath of car or other document)to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal) Given under my hand and seal of office this day of n A.D. 7
VICKY mUAHAY `Z'(C�
February 20,
Notary In and For State of F
Print Property Owner's Name Property Owner's Signature
The State of
County of
Before me (notary) on this day personally appeared (applicant)
known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal) Given under my hand and seal of office this day of A.D.
Notary In and For State of
ACKNOWLEDGEMENT
All Conditional Use and Special Use Applications are assumed to be complete when flied and will be
placed on the agenda for public hearing at the discretion of the staff. Based on the size of the
agenda„your application may be scheduled to a later date
All public hearings will be opened and testimony given by applicants and interested citizenry. Public
hearings may be continued to the next public hearing. Public hearings will not be tabled.
Any changes to a site plan (no matter how minor or major) approved with a conditional use or a
special use permit can only be approved by city council through the public hearing process.
Any application for a change in zoning or for an amendment to the zoning ordinance shall have,
from the date of submittal, a period of four months to request and be scheduled on an agenda
before the Planning and Zoning Commission and City Council, if after said period of four months an
application has not been scheduled before the Commission and Council said application shall be
considered withdrawn, with forfeiture of all filing fees. The application, along with the required
filing fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling
applications before the Planning and Zoning Commission and City Council created by city staff
shall not be considered a part of the fourmonth period.
I have read and understand all of the requirements as set forth by the application for conditional use
or special use permit and acknowledge that all requirements of this application have been met at the
time of submittal.
Signature of Applicant
Date !Z
Signature of Property Owner
Date
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ORDINANCE NO.
AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN
ACCORDANCE WITH SECTION 48 OF ORDINANCE
NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO
KNOWN AS APPENDIX "D" OF THE CITY CODE, BY
GRANTING CONDITIONAL USE PERMIT CU12-28 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
99-107 FOR RETAIL SALES OF SECONDHAND GOODS IN
A STORE EXCEEDING 3,000 SQUARE FEET IN A DISTRICT
ZONED "CC" COMMUNITY COMMERCIAL DISTRICT
REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN
APPROVED PURSUANT TO SECTION 47 OF ORDINANCE
NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS
AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; PROVIDING A
CLAUSE RELATING TO SEVERABILITY; DETERMINING
THAT THE PUBLIC INTERESTS, MORALS AND GENERAL
WELFARE DEMAND THE ISSUANCE OF THIS
CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, an application was made requesting issuance of a conditional use
permit by making applications for same with the Planning &Zoning Commission of the City
of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of
Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been
complied with, the case having come before the City Council of the City of Grapevine,
Texas, after all legal notices requirements, conditions and prerequisites having been
complied with; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council did consider the following factors in making a determination as to
whether this requested conditional use permit should be granted or denied: safety of the
motoring public and the pedestrians using the facilities in the area immediately surrounding
the site; safety from fire hazards and measures for fire control; protection of adjacent
property from flood or water damages, noise producing elements, and glare of the
vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting, and types of signs and relation of signs to traffic control
and adjacent property; street size and adequacy of width for traffic reasonably expected to
be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking
facilities; location of ingress and egress points for parking and off-street locating spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on
the promotion of health and the general welfare; effect on light and air; the effect on the
overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewerage, schools, parks and other facilities; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council of the City of Grapevine, Texas, did consider the following factors
in making a determination as to whether this requested conditional use permit should be
granted or denied; effect on the congestion of the streets, the fire hazards, panics and
other dangers possibly present in the securing of safety from same, the effect on the
promotion of health and the general welfare, effect on adequate light and air, the effect on
the overcrowding of the land, the effect on the concentration of population, the effect on
the transportation, water, sewerage, schools, parks and other public facilities; and
WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been
satisfied by the submission of evidence at a public hearing; and
WHEREAS, the City Council further considered among otherthings the character of
the existing zoning district and its peculiar suitability for particular uses and with the view to
conserve the value of buildings and encourage the most appropriate use of land
throughout this City; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is
a public necessity for the granting of this conditional use permit, that the public demands it,
that the public interest clearly requires the amendment, that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with reference to
the classification which existed at the time their original investment was made; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that the
conditional use permit lessens the congestion in the streets, helps secure safety from fire,
panic and other dangers, prevents the overcrowding of land, avoids undue concentration of
population,facilitates the adequate provisions of transportation,water, sewerage, schools,
parks and other public requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas, has determined that
there is a necessity and need for this conditional use permit and has also found and
determined that there has been a change in the conditions of the property surrounding and
in close proximity to the property requested for a change since this property was originally
classified and, therefore, feels that the issuance of this conditional use permit for the
particular piece of property is needed, is called for, and is in the best interest of the public
at large, the citizens of the City of Grapevine, Texas, and helps promote the general health,
safety and welfare of this community.
ORD. NO. 2
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City does hereby issue a conditional use permit in
accordance with Section 48 of Ordinance No. 82-73,the Comprehensive Zoning Ordinance
of the City of Grapevine, Texas, same being also known as Appendix"D"of the City Code,
by granting Conditional Use Permit CU12-28 to amend the site plan approved by
Ordinance No. 99-107 to allow retail sales of secondhand goods in an enclosed building in
excess of 3,000 square feet of floor area (Plato's Closet) in a district zoned "CC"
Community Commercial District Regulations within the following described property: Lot
7R, Block 1, Mulberry Square Addition (5311 Champagne Boulevard #100) all in
accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73,
attached hereto and made a part hereof as Exhibit "A", and all other conditions,
restrictions, and safeguards imposed herein, including but not limited to the following:
None.
Section 2. That the City Manager is hereby directed to amend the official zoning
map of the City of Grapevine, Texas, to reflect the herein conditional use permit.
Section 3. That in all other respects the use of the tract or tracts of land herein
above described shall be subject to all the applicable regulations contained in said City of
Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of
Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein established have
been made in accordance with the comprehensive plan for the purpose of promoting
health, safety, morals and the general welfare of the community. They have been
designed with respect to both present conditions and the conditions reasonably anticipated
to exist in the foreseeable future; to lessen congestion in the streets; to secure safely from
fire, panic, flood and other dangers; provide adequate light and air; to prevent
overcrowding of land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water, parks and other
public requirements, and to make adequate provisions forthe normal business, commercial
needs and development of the community. They have been made with reasonable
consideration, among other things, of the character of the district, and its peculiar suitability
for the particular uses and with a view of conserving the value of buildings and encouraging
the most appropriate use of land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the
City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances which are in
direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of
ORD. NO. 3
land described herein shall be declared to be invalid, the same shall not affect the validity
of the zoning of the balance of the tract or tracts of land described herein.
Section 7. That any person violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum
not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 8. That the fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 17th day of July, 2012.
APPROVED:
ATTEST
APPROVED AS TO FORM,
ORD. NO. 4